Take statutory holiday days from 2025 before 1 July
Many employers and employees are unaware that statutory holiday days can expire. Holiday hours from 2025 that have not been used will expire on 1 July 2026. This makes the current period the last opportunity to check how many days have not yet been taken and to take action.
How does it work again?
Employees are entitled to at least four times the number of hours they work per week. An employee working 40 hours per week accrues 160 statutory holiday hours per year. Part-time employees and those who join later in the year accrue holiday hours proportionally. In some collective labour agreements (CAOs) and sectors, special arrangements apply for employees aged 50 and over. For example, they may be entitled to additional days off per month. However, these extra leave days are not legally required.
Statutory and non-statutory holiday days
In addition to statutory leave, employees may receive extra holiday days: non-statutory (above-statutory) days. These are often set out in a collective labour agreement or employment contract. Statutory holiday days expire on 1 July of the following year.
Non-statutory holiday days remain valid for up to 5 years.
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Informing employees
An important point is that statutory holiday days do not expire automatically; the employer must take action for this to happen. Simply informing employees of the expiry date in the employment contract or referring to the staff handbook is not sufficient. This means the employer must actively, precisely, personally, and in a timely manner inform the employee about:
- the number of remaining statutory holiday days
- the date on which the days will expire, and
- that the employee will lose them if no action is taken
If the employer fails to do so, the statutory holiday days will not expire and a 5-year limitation period applies. In addition to being a legal obligation, it is always advisable to inform employees in time about their remaining holiday balance. This helps prevent forced leave close to deadlines, dissatisfied employees, disputes, and peak workload pressure in planning.
In principle, the employer must approve a request to take statutory holiday days. Only in cases of compelling business interests can a request be refused. This may occur in sectors such as construction, where collective holidays are common. If a request is rejected, this must be communicated in writing within two weeks. The employee must then be given the opportunity to take the holiday days at another time.
Different rules may apply to non-statutory holiday days. Statutory holiday days may not be paid out, except upon termination of employment. Non-statutory holiday days may, in consultation with the employee, be paid out.
